The Law Offices of Matthew J. Duncan, APLC, focuses on estate planning.

For further information concerning the documents described below, please visit our "Frequently Asked Questions" (FAQ).

Wills and Trusts

We prepare revocable “living” trusts so that your home and other assets can be administered and distributed upon your death without the need for court involvement (probate). Living trusts also allow your “Successor Trustee” to manage your trust assets for your benefit if you become unable to do so.

We also prepare wills, including “pourover wills” which you sign when you sign your trust, and stand alone wills for those who do not need or want to sign a trust.

Advance Health Care Directives

We prepare Advance Health Care Directives, previously known as a Durable Power of Attorney For Health Care, a written document in which you appoint one or more agents to make health care decisions for you if you can’t, and in which you state your instructions and wishes concerning health care as well as the disposition of your remains on death. Many clients do not wish heroic efforts used to keep them alive if there is no hope of recovery; this is the one of the documents in which you can state those wishes.

Durable Powers of Attorney For Asset Management

We prepare powers of attorney in which you can appoint one or more attorney(s)-in-fact to manage your assets for your benefit if you become incapacitated. Such powers of attorney can allow you attorney-in-fact to act for you immediately, or only if you become incapacitated (“springing power of attorney”).

Nominations of Guardian

We prepare nominations of guardian in which parents of minor children can name the person or persons they wish to take care of their children in the event of their deaths or inability to act.

Medi-Cal Planning

We prepare supplemental powers of attorneys to help qualify you for Medi-Cal if the need arises, and to help protect your estate from Medi-Cal recovery after your death. We prepare “special needs trusts” to help provide for your children with disabilities while also protecting their entitlement to public benefits.

 

Our Approach

We listen.
We want to know why you have come to see us and what you hope to accomplish.

We inform.
We believe the best client is one who is fully informed.

We advise.
We discuss your options and what we can do for you.

We represent you.
If you hire us, we become
your advocate.

We provide resources.
If we can’t help you, we refer you to attorneys who can.
We can also refer you to professionals in other areas.

“I was never ruined but twice: once when I lost a lawsuit and once when I won one.”

- Author: Voltaire